ASHOK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Ashok-appellant against the judgment of conviction and order of sentence dated 24.1.2003 passed by Additional Sessions Judge, Rohtak, whereby the appellant has been held guilty and convicted for the offence under Section 307 of the Indian Penal Code (hereinafter referred to as 'IPC'). He has been sentenced to undergo rigorous imprisonment for eight years and to pay a fine of Rs.8,000/- and in default of payment of fine to further undergo rigorous imprisonment for two years for the offence under Section 307 IPC. It has also been ordered that in case of realization of amount of fine, 90% of the amount of fine shall be given to injured Satyawan.

(2.) As per the opinion of the doctor, injuries No.1 to 4 were simple injuries and were caused by sharp edged weapon and injury No.5 was caused by blunt weapon and was grievous in nature and could be dangerous to life.

(3.) Pw-4 Sumit Kumar, Draftsman mainly deposed regarding preparing of scaled site plan Ex.PD. PW-5 SI Kitab Singh, In-charge, Police Post Lakhan Majra, deposed regarding adding of offence under Section 307 IPC. PW-6 Satyawan injured mainly deposed as per prosecution version. PW-7 Krishna, who is eye witness to the occurrence and wife of the injured, also deposed as per prosecution version. PW-8 Dr. Ashwani Sharma, Registrar, Ortho. Deptt., PGI MS, Rohtak deposed regarding the treatment, diagnosis etc. and also that injured was operated upon on 9.7.2002 for the fracture of leg. PW-9 HC Mangat Ram mainly deposed regarding conducting investigation in the present case. At the close of prosecution evidence, the accused was examined under Section 313 Cr.P.C. and was confronted with the evidence of the prosecution but he denied the correctness of the evidence and pleaded himself as innocent. He deposed that he had been falsely implicated by the Police in this case because of enmity. In defence, no evidence has been produced by the accused.